Madhya Pradesh High Court
Rajesh Shrivastava vs Central Bank Of India on 7 May, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-JBP:36073
1 WP-16710-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 7 th OF MAY, 2026
WRIT PETITION No. 16710 of 2026
RAJESH SHRIVASTAVA
Versus
CENTRAL BANK OF INDIA AND OTHERS
Appearance:
Shri Shri Dinesh Tripathi - Advocate for the petitioner.
Shri Admya Bajpai - Advocate for the respondent No.1.
Ms. Kanak Gaharwar - Government Advocate for the respondent
No.2/State.
ORDER
Per: Justice Anand Pathak With consent, heard finally.
Present writ petition is preferred by the petitioner under Article 226 of the Constitution of India seeking following reliefs:
"(i) It is, therefore, prayed this Hon'ble Court may kindly be pleased to issue in the nature of certiorari quash the impugned order dated 02.04.2026 in application filed by the Defendant Bank U/s. 14 of SARFEASI Act,2002 in Case no.228/B-121/Upper Coll./2025-26 passed by Upper District Magistrate, Raisen (M.P.), in the interest of justice.
(ii) This Hon'ble Court may kindly be please to issue in the nature of certiorari to call the record of the bank under SARFSAE Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-05-2026 19:10:00 NEUTRAL CITATION NO. 2026:MPHC-JBP:36073
2 WP-16710-2026 Act and after examine be pleased to quash the entire proceeding of the bank Under SARFASAE Acct, in the interest of justice.
(iii) This Hon'ble Court may kindly be please to issue in the nature of certiorari to restrain the defendant bank to disposes from the property/land of petitioner.
(iv) Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may also be awarded in favour of "
2. Petitioner is borrower and respondent No.1 is creditor/Bank. It is a submission of learned counsel for the petitioner after paying certain installments, he could not repay the loan amount, therefore, his bank account is declared as NPA. Now, respondent No.1 intend to take possession of the property of petitioner and this would render him at vulnerable position because he has no other roof under which he can live. Petitioner is ready to pay part of the loan amount to show his bonafides. His anxiety is that his possession be protected till his pending application filed under Section 17 of of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Act, 2002") be decided by DRT, Jabalpur. No Presiding Officer is available and DRT is not functional, therefore, this petition is preferred.
3. Although counsel for the respondent No.1 informs this Court that total liability from different accounts of petitioner amounts to more than Rs.24,78,038/-.
4. Considering the submissions and the fact that DRT is not functional and no Presiding Officer is available to adjudicate the application under Section 17 of Act, 2002 preferred by borrowers/mortgagers, as an interim arrangement under peculiar facts and circumstances of the case, this Court Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-05-2026 19:10:00 NEUTRAL CITATION NO. 2026:MPHC-JBP:36073
3 WP-16710-2026 passes following order :-
(i) Petitioner shall pay Rs.5,00,000/- within two months to the respondent No.1-Bank from today.
(ii) If amount is paid by the petitioner as discussed above, then respondent No.1 shall not dispossess the petitioner from his residential flat and they shall be permitted to stay there.
(iii) Bank shall be at liberty to consider one-time settlement proposal/regularization of bank accounts, if any, preferred by the petitioner and same shall be accepted by the Bank as per their regulations/guidelines/rules, however, sympathetically looking to the nature of loan.
(iv) Whenever DRT becomes functional and Presiding Officer is available, then petitioner shall have to press the application under Section 17 of the SARFAESI Act, 2002 or any application for interim relief within one month from the date of assumption of the charge by Presiding Officer, if matter is not settled between the parties.
(v) It is made clear that in breach of any condition, Bank shall be at liberty to proceed against petitioner in accordance with law.
(vi) The petitioner is directed to communicate this order to the Registrar, DRT, Jabalpur within seven working Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-05-2026 19:10:00 NEUTRAL CITATION NO. 2026:MPHC-JBP:36073
4 WP-16710-2026 days from today.
5. With the aforesaid directions, the writ petition is disposed of in aforesaid terms.
(ANAND PATHAK) (B. P. SHARMA)
JUDGE JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 08-05-2026
19:10:00